Hernandez v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• applying Strickland standard to petitioner’s claim that counsel’s failure to file petition for discretionary review with state Supreme Court constituted ineffective assistance of appellate counsel
• A reviewing court will not address an issue raised only in the reply brief.
• “We can see no legitimate basis for determining whether there has been a violation of the right to effective assistance of counsel guaranteed by I.C. § 19-852 differently from determining whether there has been a violation of a similar constitutional right.”
• “We also do not address Hernandez’s claim premised on due process of law presented in support of his petition for review. We look to the initial brief on appeal, before the case was assigned to the Court of Appeals, for the issues presented on appeal.”
• statutory right to counsel in discretionary state appeals

Source: CourtListener parenthetical corpus (CC0).

Cited by

13 cases in this archive cite this case.

• State v. Kilby
  Idaho Court of Appeals· 1997-07-24· cited 158×
• Cristo Viene Pentecostal Church v. Paz
  Idaho Supreme Court· 2007-05-24· cited 43×
• Struhs v. Protection Technologies, Inc.
  Idaho Supreme Court· 1999-12-20· cited 30×
• Smith v. State
  Idaho Supreme Court· 2009-02-10· cited 29×
• Erick Virgil Hall v. State
  Idaho Supreme Court· 2013-12-02· cited 18×
• Gipson v. Commissioner of Correction
  Connecticut Appellate Court· 1999-08-10· cited 11×
• Monahan v. State
  Idaho Court of Appeals· 2008-04-22· cited 9×
• Henman v. State
  Idaho Court of Appeals· 1998-08-13· cited 9×
• Duane R. Mueller v. Carolyn Hill
  Idaho Supreme Court· 2015-02-26· cited 5×
• State v. William Jack Bias
  Idaho Court of Appeals· 2014-11-06· cited 4×
• Pierce v. State
  Idaho Supreme Court· 2005-09-23· cited 4×
• Gipson v. Commissioner of Correction
  Connecticut Appellate Court· 2001-12-25· cited 2×
• Morley v. IDOL
  Idaho Supreme Court· 2023-11-02

Cites

7 cases in this archive are cited by this case.

• Strickland v. Washington
  Supreme Court· 1984-06-25· cited 123,578×
• Aragon v. State
  Idaho Supreme Court· 1988-08-25· cited 552×
• State v. Raudebaugh
  Idaho Supreme Court· 1993-09-08· cited 270×
• State v. Tucker
  Idaho Supreme Court· 1975-07-22· cited 109×
• State v. Hernandez
  Idaho Court of Appeals· 1991-11-05· cited 50×
• Bergen McNeeley v. Arvon Arave
  Ninth Circuit· 1988-03-17· cited 34×
• Lee v. State
  Idaho Supreme Court· 1992-06-03· cited 16×